10.0.a.-.c. EDSR 04-12-1993 - Laserfiche WebLink

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FROM LARKIN. HOFFMAN LAW 16TH 612 896 3334 04. 12. 1993 15:41 P. 2 g//)-( 3 MEMORANDUM • LARKIN,HOFFMAN,DALY&LINDGREN,LTD. TO: PETER BECK FROM: GARY RENNEKE DATE: APRIL 9, 1993 RE: ALLEY LOCATED BETWEEN THE SUNSHINE DEPOT AND THE EDA SITE SOUTH OF MAIN STREET OUR FILE NO. 7837-172 I reviewed the abstract of title and miscellaneous documents provided to us concerningownership of the above-referenced alley,(the "Alley"). The short answer is consistent with our preliminary analysis (which was based on certain assumptions): upon vacation of the alley, we will need to obtain a d from the owner of the Sunshine Depot property in order to convey tte to a third party. Original title to the property was established in the name of Joseph M. Marshall by federal patent in 1853. The property changed hands (private parties) a couple of times and was platted as part of the Plat of the Village of Elk River in 1868. According to the abstract, the plat dedicated "all roads, streets and alleys shown on the plat to the public use forever." The plat shows a 98 foot gap (the subject property) between Blocks 4 and 5, as if a street or alley, but no street name is shown. In 1889, Nickersdn executed a warranty deed in favor of Elk River Starch Company for the property • described as "the Mastglylialf of that part of Princeton Street that lies south of Main Street running towards the Mississippi River between Blocks 4 and 5 (commonly known as the Gully) of the Village of Elk River according to the recorded plat thereof but reserving the Westerly 20 feet of said street". (emphasis added). Said deed also granted to the Elk River Starch Company the privilege of connecting said premises with the Mississippi River by means of pipes laid to connect the same. The deed included an exception to title for any rights that the public may have acquired to the subject property. Also in 1889, Burrell conveyed by warranty deed to the Elk River Starch Company the gast_half of the same property. For what it is worth, the deed from Burrell referred to the wash out" instead of the "gully". This deed also excepted any rights that the public may have acquired to the property. Presumably, Nickerson owned the property adjacent to and the west of the street and Burrell owned the property adjacent to and east of the street. In 1890, a judgment vacating the east 78 feet of said street was entered. More specifically, the court vacated "the east 78 feet of that certain street lying between Block 4 and 5 of the Village of Elk River and extended from Main Street to the south line of Block 4 and 5 thereof, according to the duly recorded plat of the Village of Elk River." Note that the fact that the street vacation was subsequent to the execution and filing of the warranty deeds to Bik River Starch Company has no bearing on the analysis since warranty deeds also act to convey after-acquired title. In summary, this property was privately owned and was dedicated as a public street. The street was partially vacated and the adjoining property owners appeared to properly join in the conveyance of the vacated property to Elk River Starch Company. The remaining (unvacated) property appears to • remain an existing dedicated street, which by virtue of its size or all practical purposes, is an alley.